New Hampshire

This state is rich in cultural and historical values which upto now their residents are living up to. Their motto is “Live free or die” say a lot more about who they are as a state. Let’s take a peek at how they implement laws regarding auctions in this state.

License Qualification

The board shall grant licensure to any applicant who is 18 years old and above. Submits professional references or recommendations that comply with other standards specified by rule, certifying that the applicant is trustworthy and competent to auction real, personal, and mixed property in such a manner as to safeguard the interests of the public. 

Each such recommendation shall set forth the writer’s name, address, and occupation, the extent of the writer’s acquaintanceship with the applicant, the writer’s familiarity with the applicant’s past business experience and dealings, and any additional knowledge of the applicant’s background upon which the writer bases the recommendation.

Pays the initial licensure fee and secure the bond required in. Has good professional character and meets the eligibility standards established by the board through rulemaking.Pays the examination fee specified by the board through rulemaking if the examination is one developed or administered by the board and passes an examination administered by the board or an examination administered by another entity and approved by the board through rulemaking.

The board may grant an auctioneer’s license to any applicant who is similarly licensed in any other state, provided the other state’s licensing requirements are substantially equivalent to or higher than those of this state.

Bond

No license shall be granted until the applicant has filed a bond with the secretary of state in the sum of $25,000, with sureties approved by the secretary of state, conditioned that he or she will properly account for and deliver to the person entitled, all moneys and things of value coming into his or her hands as an auctioneer and will conform to the laws relating to such auctions. All bonds required under this chapter shall be purchased from a reputable company authorized to do business in this state.

Cease and Desist Orders

Whenever the board has reasonable cause to believe that any person is engaging in the business of auctioneering without obtaining a license as provided in this chapter or without being an authorized business organization under this chapter, or has engaged or is about to engage in any act or practice constituting a violation of this chapter, or any rule or order under this chapter, the board may, in addition to all actions provided for in this chapter, enter an order requiring such person to cease and desist from such violation. 

Delivery of such order shall be by hand or registered mail at the principal office of the licensee or other person. The order shall be calculated to give reasonable notice of the rights of the person to request a hearing on the order and shall state the reasons for the entry of the order. A hearing shall be held not later than 10 days after the request for such hearing is received by the board after which and within 20 days of the date of the hearing the board shall issue a further order vacating the cease and desist order or making it permanent as the facts require. 

If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person shall be deemed in default, and the proceeding may be decided against the person upon consideration of the cease and desist order, the allegations of which may be deemed to be true. If the person to whom a cease and desist order is issued fails to request a hearing within 30 calendar days of receipt of such order, then such person shall likewise be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the board, for good cause shown.

If any person refuses to obey such order, an action may be brought by the board or by the attorney general on the board’s behalf in any superior court in this state to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance of such violation. In any such action, an order or judgment may be entered awarding a temporary or permanent injunction, and awarding the board or the attorney general or both costs in bringing such action. The court shall have the power to enforce obedience to such injunction, in addition to all the court’s customary powers, by a fine not exceeding $10,000 or by imprisonment, or both.

Prohibited Acts

It shall be unlawful for any person physically located in the state of New Hampshire to:

  • Knowingly engage in, or offer to engage in, auctioneering for a fee, commission, or other consideration unless such a natural person has a valid license under this chapter or such other person is an authorized business organization.
  • Knowingly make any verbal, written, electronic, or other representation that such person is an auctioneer or is able to perform auctioneering, unless such natural person has a valid license under this chapter or such other person is an authorized business organization.
  • Recklessly make any verbal, written, electronic, or other representation which would lead a reasonable person to believe that the natural person making the representation is currently licensed as an auctioneer under this chapter or such other person is an authorized business organization.
  • An apprentice auctioneer employed by a licensed auctioneer may engage in auctioneering under the direct supervision of the licensed auctioneer.
  • The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words “auction,” “auctioneer,” or “auctioneering” or any modification or derivative thereof in its corporate or business name or which includes the practice of auctioneering among the objectives for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization, a copy of which shall have been presented to the secretary of state. The board shall issue such a certificate only to an authorized business organization. The secretary of state shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except for trade names and service marks of business entities which have presented to the secretary of state proof that they qualify as authorized business organizations under this law.

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